(D)
"Career pathways
model" means an alternative pathway to meeting the requirements for a child
care staff member or administrator that uses an approved framework to document
formal education, training, experience, specialized credentials and
certifications. This allows the child care staff member or administrator to
achieve a designation as an early childhood professional level one, two, three,
four, five, or six.

(E)
"Certified
nurse practitioner (CNP)" means a registered nurse who holds a valid
certificate of authority issued under Chapter 4723. of the Revised Code that
authorizes the practice of nursing as a CNP in accordance with section
4723.43 of the Revised Code and
rules adopted by the board of nursing.

(4)
In a
place other than a child's own home, except that an in-home aide provides child
care in the child's own home.

(5)
For the purposes and requirements of this chapter,
"child care" is limited to a program licensed or required to be licensed by the
department pursuant to this chapter or a program with a contract to provide
publicly funded child care pursuant to section
5104.32 of the Revised
Code;

(H)
"Child
care staff member" means any adult employed by a child care center who is
responsible for the care and supervision of children.

(I)
"Drop-in center," as defined in Chapter
5104. of the Revised Code, means a center that provides child care for children
on a temporary, irregular basis. "Temporary and irregular" means no more than
thirty days a year for any child enrolled. Drop-in centers shall comply with
all rules in Chapter 5101:2-12 of the Administrative Code except:

(1)
In reference to rule
5101:2-12-25 of the
Administrative Code, the drop-in center shall not administer any medication,
food supplement or modified diet.

(2)
In reference to rule
5101:2-12-20 of the
Administrative Code, the drop-in center shall not be required to provide a cot
for each child the center is licensed to serve.

(3)
In reference to rule
5101:2-12-04 of the
Administrative Code, the drop-in center which does not prepare and serve food
shall not be required to obtain a health department approval.

(4)
In reference to rule
5101:2-12-11 of the
Administrative Code, the drop-in center shall not be required to meet the
provisions of paragraphs (C) and (D) of that rule, but if these provisions are
not met, the drop-in center shall have a specific plan to provide for gross
motor activity for children in care. If a drop-in center chooses to include
outdoor play the drop-in center shall meet the requirements of paragraph (A)(5)
of rule
5101:2-12-17 of the
Administrative Code.

(J)
"Employee" means a person who is at least fifteen years old, receives
compensation for duties performed in a child care center or has assigned work
hours or duties in a child care center.

(N)
"License capacity" is the maximum number
of children who may be cared for in a child care center at any one time.
License capacity is indicated on the license. License capacity is not the same
as the total number of children enrolled in the center or attending the center
on any given day. Children away from the center on a field trip or a special
outing, and under the supervision of a child care staff member, shall be
included in the count for license capacity.

(O)
"Medication" means any substance or
preparation which is used to prevent or treat a wound, injury, infection,
infirmity, or disease. This includes medication that is over the counter, or
prescribed or recommended by a physician or advance practice nurse certified to
prescribe medication, and permitted by the parent for administration or
application.

(P)
"Modified diet"
means any diet eliminating the use of any one or more of the four food groups
or altering the amount of food required to be served to meet one-third of the
recommended dietary allowance as required by rule
5101:2-12-22 of the
Administrative Code.

(Q)
"Owner"
includes a person, as defined in section
1.59 of the Revised Code, or
government entity.

(R)
"Parent"
means the father or mother of a child, an adult who has legal custody of a
child, an adult who is the guardian of a child, or an adult who stands in loco
parentis with respect to a child, and whose presence in the home is needed as
the caretaker of the child. Parent has the same meaning as "caretaker parent"
as defined in section
5104.01 of the Revised
Code.

(S)
"Parent cooperative child
care center", as defined in Chapter 5104. of the Revised Code, means a
corporation or association organized for providing educational services only
for children of its members without gain to the corporation. Ownership and
control of the corporation or association rests solely with its members, and at
least one parent member of the corporation is on the premises during the
center's hours of operation. Parent cooperatives shall comply with all rules in
Chapter 5101:2-12 of the Administrative Code except:

(1)
In reference to rule
5101:2-12-07 of the
Administrative Code, the duties of the administrator of a parent cooperative
may be carried out under the supervision and in conjunction with a parent
board.

(2)
In reference to rule
5101:2-12-07 of the
Administrative Code, the parent board of a parent cooperative, in cooperation
with the administrator, may be responsible for conducting preadmission
interviews.

(3)
In reference to
rule 5101:2-12-04 of the
Administrative Code, the parent cooperative center which does not prepare and
serve food shall not be required to obtain a health department
approval.

(T)
"Part-time
child care center," as defined in Chapter 5104. of the Revised Code, means a
center that provides child care for no more than four hours per day for any
child or no more than fifteen weeks per summer. Part-time child care centers
shall comply with all rules in Chapter 5101:2-12 of the Administrative Code
except:

(1)
In reference to rule
5101:2-12-20 of the
Administrative Code, the part-time center, which does not include a nap as part
of their scheduled daily program, shall be required to provide only one
washable cot, mat, or pad for an ill child.

(2)
In reference to rule
5101:2-12-07 of the
Administrative Code, an administrator of a part-time center may have duties as
a child care staff member during all hours of operation.

(3)
In reference to rule
5101:2-12-17 of the
Administrative Code, only the part-time center which includes outdoor play as
part of their scheduled daily program shall be required to comply with all
stipulations of that rule, except as indicated in paragraph (A)(5) of rule
5101:2-12-17 of the
Administrative Code, for a part-time program that provides child care for no
more than four hours per day for any child.

(U)
"Physician" means a person issued a
certificate to practice in accordance with Chapter 4731. of the Revised Code
and rules adopted by the state medical board or a comparable body in another
state.

(V)
"Physician assistant
(PA)" means a person who has obtained a valid certificate to practice in
accordance with Chapter 4730. of the Revised Code and rules adopted by the
state medical board or a comparable body in another state.

(W)
"Preschool child" means a child who is
three years old or older but is not a school-age child.

(X)
"Public children services agency (PCSA)"
means an entity specified in section
5153.02 of the Revised Code that
has assumed the powers and duties of the children services function prescribed
by Chapter 5153. of the Revised Code for a county.

(Y)
"Routine trips" means repeated excursions
off the center premises which regularly occur on a previously scheduled basis
and that parents have been made aware of the destinations of the
trip.

(Z)
"School-age child" means
a child who is enrolled in or is eligible to be enrolled in a grade of
kindergarten or above, but is less than fifteen years old, unless the child
meets the definition of special needs as defined in this rule.

(AA)
"Serious risk noncompliance" means a
licensure rule violation that has the potential to lead to a great risk of harm
to, or death of, a child.

(BB)
"Special needs" means providing child care services to a child who is under
eighteen years old who does not function according to age appropriate
expectations in one or more of the following areas of development:
social/emotional, cognitive, communication, perceptual-motor, physical, or
behavioral development, or the child has chronic health issues. The child's
delays/condition(s) affect development to the extent that the child requires
special adaptations, modified facilities, program adjustments or related
services on a regular basis in order to function in an adaptive
manner.

(CC)
"Substitute" means a
child care staff member who replaces an assigned staff member on a temporary
basis.

(DD)
"Toddler" means a child
who is at least eighteen months of age but less than three years of
age.

(EE)
"Transitioning child"
means any child enrolled in a center who, for easy adjustment, is temporarily
being placed with a group prior to being permanently assigned to that
group.

(FF)
"Voluntary temporary
closure" means the program requests to stop serving children, but not close the
license. A voluntary temporary closure shall not exceed twelve
months.

(A)
What is the
application process to establish or operate a licensed child care center?

The owner or owner's representative shall:

(1)
Complete a professional registry profile
through the Ohio professional registry (OPR) at https://www.occrra.org/opr.

(2)
Register online through the
OPR and complete the required orientation training. The orientation training
shall have been taken within the two years prior to application for a license.

(3)
Complete an initial
application online in the Ohio child licensing and quality system (OCLQS) at
https://oclqs.force.com and submit
the fee of five hundred dollars to the Ohio department of job and family
services (ODJFS).

(a)
The application fee
submitted with an application is nonrefundable and shall not be credited or
transferred to any other application.

(b)
The application is considered filed with
the ODJFS as of the date it is received electronically and the payment has
cleared.

(c)
The application will
be deleted from the system after one hundred and twenty days if the fee payment
is not received.

(d)
Any
application submitted without complete and accurate information will need to be
amended with complete and accurate information before being licensed.

(e)
The application will be deleted and the
fee forfeited if the center is not ready to be licensed after twelve
months.

(B)
What additional items shall be submitted during the application process?

The items listed in appendix A to this rule are required and
shall be completed and submitted prior to licensure.

(C)
Does the child care center license need
to be posted and where should it be posted?

(a)
For a change in administrator, the center shall request the amendment within
five days of the administrator's last day and submit qualifications for the new
administrator within thirty days.

(b)
For a change in capacity, the center
shall request and be approved for the amendment prior to serving additional
children.

(c)
For a change in
location, the center shall request the amendment at least thirty days prior to
the last day at the current location. Failure to request within thirty days may
result in a gap of care. Care shall not begin until the license has been
transferred to the new location.

(4)
What are the requirements if a center
wants to permanently move to a different location?

(b)
Submit a fee of two hundred fifty dollars
in OCLQS thirty days prior to the proposed move.

(c)
Comply with an inspection at the new
location and any applicable determinations of license capacity for the new
location.

(d)
Submit all required
compliance materials prior to licensure at the new location.

(e)
Cease child care operations at the
original center location at the time the license is issued for the new
address.

(5)
What are
the requirements if a center needs to temporarily provide care in a different
location?

(a)
If the center is temporarily
unable to provide care in the licensed location because the location has been
deemed unsafe for care of children by the building department, fire department,
local health department, local law enforcement or other government agency, the
center may request to temporarily provide care in a new location.

(i)
The center shall send a written request
to ODJFS and comply with an inspection of the temporary location prior to
providing care at the temporary location.

(ii)
The written request shall include
written documentation from the government agency that deemed the location to be
unsafe for care of children and shall include the plan and timeline for
addressing the needs of the licensed location.

(iii)
Prior to resuming care at the licensed
location, the center shall provide written approval to ODJFS from the
government agency that has deemed the location safe to resume care of
children.

(b)
If the
center is unable to return to the licensed location within ninety days, the
center shall follow the process for a permanent change of location pursuant to
paragraph (F)(4) of this rule.

(G)
How shall an administrator, owner or
owner's representative request a voluntary temporary closure status for a
license of a child care center?

(3)
The center shall not serve any children
during the temporary closure status.

(4)
The center may be required to comply with
an inspection prior to the end of the temporary closure status and prior to
serving children again.

(5)
If at
the end of the twelve months, the center has not requested in writing to
reinstate the license or is not able to be re-opened, the ODJFS may close the
license without hearing rights afforded by Chapter 119. of the Revised
Code.

(1)
Complete an inspection of all areas where
child care is provided, children have access to and all areas used to verify
compliance with Chapter 5101:2-12 of the Administrative Code and Chapter 5104.
of the Revised Code.

(1)
A certificate of
occupancy for the purpose of operating a child care center is required in
accordance with Chapters 3781. and 3791. of the Revised Code and shall be
obtained from either the Ohio department of commerce or local certified
building authority.

(2)
The center shall comply with any stipulations or
limitations noted on the certificate of occupancy.

(3)
A certificate of
occupancy is required in the following circumstances:

(b)
At the time a
child care center requests a license amendment for a change of
location.

(c)
Prior to the use of any areas of the structure not
previously inspected and approved for child care use.

(d)
At the time of
major repair, modification or alteration of any existing structure presently
being used for child care but prior to the continued use of modified or altered
parts of the structure. Major repair, modification or alteration
includes:

(i)
Cutting away of any wall, partition or portion thereof, the
removal of or cutting of any structural beam or bearing support or the removal
or change of any required means of escape, or rearrangement of parts of the
structure affecting the exit requirements.

(1)
Licensed child
care centers shall secure a fire inspection and written approval from the state
fire marshal or the local fire safety inspector for the municipality or
township having jurisdiction. The child care center shall abide by any
stipulations or limitations set forth in the written documentation by the state
fire marshal or local fire safety inspector.

(2)
A fire inspection
and approval need to be obtained at the following times:

(a)
At the time of
initial application for a child care center license.

(b)
At the time of a
child care center license amendment when requesting a change of
location.

(c)
At least once annually within each twelve months from
the date of the last fire approval report.

(d)
Prior to the use
of any areas of the structure not previously inspected and approved for child
care use.

(3)
If child care is provided exclusively for school
children in an existing public school or chartered nonpublic school building as
described in section 5104.02 of the Revised Code, a
fire inspection for the child care center is not
required.

(C)
What are the requirements for a food service license or
exemption?

(1)
A
valid food service operation license shall be obtained permitting the
preparation and serving of food, or exemption status, from the local health
department having jurisdiction or from the Ohio department of health.

(2)
Meals
or snacks may be provided by a licensed catering food service operation.

The center shall maintain on file a
copy of the catering food service operation's current license. If the caterer
only provides the food and it is the responsibility of the center to serve the
food, the center shall follow the requirements of the local health department
having jurisdiction.

(A)
What are the reasons an applicant may
have an application denied or a licensed child care center may have a
provisional or continuous license revoked?

(1)
The center is not in compliance with
Chapter 5101:2-12 of the Administrative Code or Chapter 5104. of the Revised
Code.

(2)
The owner or
administrator has been determined not eligible for employment
as a result of the background check requirements pursuant to rule
5101:2-12-09 of the
Administrative Code.

(3)
The center fails to submit documentation or information requested by the Ohio
department of job and family services (ODJFS) within required time
frames.

(4)
The center has refused to allow
ODJFS staff access onto its premises or
to any area used for child care.

(5)
The center has
furnished or made misleading or false statements or reports to
ODJFS.

(6)
The center has
accumulated eighteen or more points from moderate or serious risk
non-compliances in accordance with appendix A to rule
5101:2-12-03 of the
Administrative Code during the provisional period.

(7)
Failure of any
person, firm, partnership, organization, institution, or agency to cooperate
with the ODJFS or any state or local official when performing duties required
by Chapter 5104. of the Revised Code and Chapter 5101:2-12 of the
Administrative Code.

(B)
What happens if an application is in the process of being denied or a
provisional or continuous license is in the process of being revoked?

(1)
If an application for a child care
center, type A home or type B home has been issued a notice of intent to deny,
no new application for a child care center license shall be processed for the
owner until after the completion of the denial process.

(2)
If a provisional or continuous license
for a child care center, type A home or type B home has been issued an intent
to revoke, no new application for a child care center license shall be
processed for the same owner until after the completion of the revocation
process.

(C)
What if a
center voluntarily surrenders the license or voluntarily withdraws the
application during the revocation or denial process?

The voluntary surrender of a license or the withdrawal of an
application for licensure shall not prohibit ODJFS from revoking a license or denying an
application.

(D)
What
happens if an application has previously been denied or a provisional or
continuous license is revoked?

(1)
If a
license of a child care center, type A home, or type B home is revoked, another
license shall not be issued to the owner of the center, type A home, or type B
home until five years have elapsed from the date the license was
revoked.

(2)
If an application for
a child care center, type A home, or type B home license is denied, the
applicant shall not be licensed until five years have elapsed from the date the
application was denied.

(3)
If an
owner/applicant was previously certified by the county agency and that
certification was revoked for a health and safety reason, he or she shall not
be licensed until five years have elapsed from the date the certification was
revoked.

(E)
Which
licensing actions by ODJFS give the
center rights to an adjudicatory hearing, in accordance with the requirements
of Chapter 119. of the Revised Code?

(b)
The center administrator, if the
administrator has not been released from employment or put on administrative
leave.

(c)
An employee of the
center, if the employee has not been released from employment or put on
administrative leave.

(4)
ODJFS or a county agency determines that the center created a serious risk to
the health or safety of a child receiving child care in the center that
resulted in or could have resulted in a child's death or injury.

(5)
Any of the following people have been
charged by indictment, information, or complaint with fraud:

(3)
Closing a license that has been in a temporary closure for more than twelve
months pursuant to rule
5101:2-12-02 of the
Administrative Code.

(4)
Closing a
license if the child care center is no longer located at the address on the
license and the owner has not requested a change of location or closure
pursuant to rule
5101:2-12-02 of the
Administrative Code.

(1)
For the purposes
of paragraphs (B) and (D) of this rule, "owner" is as defined in rule
5101:2-12-01 of the
Administrative Code, except that "owner" also includes a firm, organization,
institution, or agency, as well as any individual governing board members,
partners, or authorized representatives of the owner.

(2)
For all other paragraphs of this rule,
"owner" is as defined in rule
5101:2-12-01 of the
Administrative Code.

(A)
How long is a
provisional license valid for a newly licensed child care center?

A provisional license for a newly
licensed child care center is valid for at least twelve months and until the
continuous license is issued, unless revoked pursuant to rule
5101:2-12-05 of the
Administrative Code.

(B)
What requirements
shall the child care center meet for the provisional license to be amended to a
continuous license at the end of the provisional period? By the end of the
provisional period, the center shall:

(1)
Be in compliance
with Chapter 5101:2-12 of the Administrative Code.

(2)
Written documentation
verifying the administrator's qualifications shall be kept on file at the
center. Administrators shall meet the education requirements detailed in
appendix A to this rule.

(3)
A
person named as administrator, who was promoted from within, and who does not
meet the requirements of appendix A to this rule within one year of being named
as administrator, may no longer serve as the administrator. The person also may
not be named administrator at another location until the administrator
qualifications have been met.

(4)
The administrator shall complete a rules review course provided by the Ohio
department of job and family services.

(a)
Administrators shall complete the rules review course within six months of the
date of their appointment and every five years thereafter.

(b)
Any current administrator who completed
the course prior to the effective date of this rule shall complete the training
again by December 19, 2021.

(c)
Verification of completion of the rules review course shall be documented in
the Ohio professional registry (OPR) or on the JFS 01307 "Professional
Development Documentation for Child Care" (rev. 12/2016). This form shall be
kept on file at the center.

(B)
What are the additional duties of the
administrator of a licensed child care center?

The administrator shall:

(1)
Be responsible for the daily operation of
the child care center and for maintaining compliance with Chapter 5101:2-12 of
the Administrative Code.

(2)
Be
on-site a minimum of one-half of the hours that the child care center is in
operation during the week, or forty hours per week, whichever is
less.

(3)
For child care
centers that are in operation on the weekends and/or evenings/ overnights, as
well as during the week, be on-site at the center at least twenty hours
per week during the hours of six a.m. to seven p.m., Monday
through Friday . If there is more than one administrator, at least one must meet
this requirement.

(4)
Post
scheduled hours of availability in a noticeable place that is easily accessible
to parents.

(5)
Be responsible for
the creation, maintenance and implementation of the policies and procedures
detailed in appendix B to this rule. Nothing in these policies shall conflict
with Chapter 5104. of the Revised Code or Chapter 5101:2-12, 5101:2-16 or
5101:2-17 of the Administrative Code. A copy of these policies and procedures
shall be available on-site at the center.

(6)
Provide the parent and all employees with
the policies and practices in appendix B to this rule.

(7)
Provide a copy of appendix C to this rule
to the parent(s) of the children enrolled in the center.

(8)
Make available the current licensing
rules in a noticeable area on the premises. The rules may be made available via
paper copy or electronically.

(9)
Upon request, provide a parent with any information necessary for the parent to
compile child care related expenses for income tax preparation, including tax
identification numbers.

(10)
Have
available on-site a written list of all employees including their dates of
hire, positions and scheduled hours.

(b)
Verification shall be on file on or before the child care staff member's first
day of employment.

(2)
Be enrolled in the second year of or have completed a two year career-technical
program in child development or be a high school senior and also enrolled in a
college credit program in child development.

(a)
Enrollment or completion of a two year
career-technical program shall be verified by a signed statement from student's
teacher/coordinator of the training program verifying that the student is
enrolled in the program and receiving supervision.

(b)
Enrollment in a college credit program
shall be verified by written documention from the college credit
program.

(c)
Verification shall be
on file on or before the child care staff member's first day of
employment.

(C)
What are the documentation requirements
for employees in a child care center?

(1)
The
center shall maintain documentation for each current employee on file at the
center.

(2)
Employment records
shall be made available upon request by the Ohio department of job and family
services (ODJFS) for at least three years after each employee's
departure.

(3)
Employment records
shall include days and hours worked, duties and group assignments, if
applicable.

(4)
Employee records
shall be confidential, except that they shall be available to the ODJFS for the
purpose of administering Chapter 5104. of the Revised Code and Chapter
5101:2-12 of the Administrative Code.

(D)
What are the orientation requirements for
child care staff members?

(1)
Child care
staff members shall complete the staff orientation training
as prescribed by the ODJFS within thirty days of starting employment at
the center as a child care staff member unless the
child care staff member has documentation of completion of the training after
December 31, 2016.

(2)
The
online training may be used for up to six hours of
professional development pursuant to rule
5101:2-12-10 of the
Administrative Code.

(3)
Completion
of the training shall be documented with verification from the Ohio
professional registry.

(4)
The
child care staff member may be used in ratio, but may not have sole care of
children until the orientation is completed.

No employer shall discharge, demote, suspend or threaten to
discharge, demote, suspend or in any manner discriminate against any employee
based solely on the employee taking any of the following actions:

(1)
Making any good faith oral or written
complaint to the ODJFS or other agency responsible for enforcing Chapter 5104.
of the Revised Code regarding a violation of this chapter or the rules adopted
pursuant to Chapter 5104. of the Revised Code;

(2)
Instituting or causing to be instituted
any proceeding against the employer under section
5104.04 of the Revised
Code;

(3)
Acting as a witness in
any proceeding under section
5104.04 of the Revised
Code;

(4)
Refusing to perform work
that constitutes a violation of Chapter 5104. or the rules adopted pursuant to
Chapter 5104. of the Revised Code.

(1)
Complete and
submit the JFS 01175 "Request for a Background Check for Child Care" (10/2017)
to the Ohio department of job and family services (ODJFS) or the Ohio
professional development registry (OPR) system generated
equivalent,

(1)
A conviction or
guilty plea to an offense listed in division (A)(5) of section
109.572 of the Revised Code,
unless the individual meets the rehabilitation criteria in appendix A to this
rule.

(a)
Section
109.572 of the Revised Code
requires that this rule applies to records of convictions that have been sealed
pursuant to section 2953.32 of the Revised
Code.

(b)
A conviction of or a plea of guilty to an offense
listed in division (A)(5) of section
109.572 of the Revised Code is
not prohibitive if the individual has been granted an unconditional pardon for
the offense pursuant to Chapter 2967. of the Revised Code or the conviction or
guilty plea has been set aside pursuant to law. For purposes of this rule,
"unconditional pardon" includes a conditional pardon to which all conditions
have been performed or have transpired.

(2)
Being registered
or required to be registered on the national or state sex offender registry or
repository.

(3)
The individual is identified in SACWIS as the
perpetrator for a substantiated finding of child abuse or neglect in the
previous ten years from the date on the JFS 01175 or the individual has had a
child removed from their home in the previous ten years pursuant to section
2151.353 of the Revised Code due
to a court determination of abuse or neglect caused by that specific
person.

(G)
What happens after ODJFS completes the background check
on an individual?

(1)
The center will receive the JFS 01176 "Program
Notification of Background Check Review for Child Care (10/2017) from ODJFS and
shall keep it on file.

(a)
For those individuals not eligible for employment, the
center shall not hire the individual or shall terminate them from employment
immediately upon receipt of the JFS 01176.

(b)
Child care staff
members shall not be left alone with children unless a JFS 01176 is on file at
the center.

(2)
The individual will receive the JFS 01177 "Individual
Notification of Background Check Review for Child Care" (10/2017) from
ODJFS.

(a)
If
the individual believes the information received is not accurate, the
individual may directly contact the agency that contributed the questioned
information.

(b)
If the individual disagrees with the employment
eligibility decision made by ODJFS, a JFS 01178 "Request for Review of
Background Check Decision for Child Care" (10/2017) shall be completed to
request a review of the decision.

(H)
What happens
after an individual submits a JFS 01178 to ODJFS? If an individual requests a
review of a background check decision pursuant to paragraph (G)(2)(b) of this
rule:

(1)
The
program shall not allow the individual to be on-site at the program during the
review by ODJFS.

(2)
If the individual is determined to be eligible for
employment, the program may allow the individual to be employed and shall keep
the updated JFS 01176 on file pursuant to paragraph (G)(1)(a) of this
rule.

(I)
What are the background check requirements when an
individual changes employment or adds an additional employer?

(1)
Only the JFS
01175 is required if the individual meets all of the following:

(a)
The individual
has a current background check determination by ODJFS completed in the previous
five years pursuant to this rule.

(b)
The individual
has been employed by a child care center, type A home, type B home, approved
day camp, a preschool or school-age program approved to provide publicly funded
child care or certified as an in-home aide in the previous one hundred eighty
consecutive days.

(2)
Upon receipt of
the updated JFS 01175, ODJFS will send the JFS 01177 based on the existing
background check determination to the new employer.

(A)
What are the health training requirements
for a child care center?

(1)
A center shall
have at least one child care staff member on-site (in each building) during all
hours of operation who is currently trained in the following (more than one
person may be used to meet the requirements of this paragraph):

(2)
Every administrator, child care staff
member, including substitutes, shall be current with the ODJFS prescribed
one-hour child abuse overview which is valid for two years, unless the child
care staff member is current with the six-hour training or three-hour refresher
course in paragraph (A)(1)(d) of this rule. This shall be taken within the
first sixty days of hire.

(3)
Trainings shall
meet course and trainer requirements in appendix A to this rule.

(4)
Audiovisual or electronic media training shall not be used to meet the CPR
training requirement pursuant to paragraph (A)(1)(b) of this rule unless there
is also an in-person component of the training.

(B)
What are the ongoing professional
development training requirements for the administrator and child care staff
members?

(1)
Complete a minimum of six clock
hours of training annually each fiscal year. The fiscal year is defined as July
first through June thirtieth.

(3)
A
child care center administrator or owner shall , within five
business days, provide current staff with copies of their training
documentation upon request or upon separation from employment
for any records not verified in the OPR.

(1)
There shall be at least thirty-five square feet of usable
wall-to-wall indoor floor space for each child the center is licensed to
serve.

(2)
Usable indoor floor space shall not include bathrooms,
hallways, storage rooms or other areas not available or not used for child
care.

(3)
Bathrooms may be included if they are used exclusively
by children enrolled in the center.

(4)
Areas included in
the center's square footage shall be exclusively available for child care
during all operating hours of the child care program.

(5)
If the center is
in a shared building, the center may identify a back-up space that is available
for use on days the primary space is not available. When the back-up space is
utilized, the space shall only be used for child care during that time and
shall have building and fire approval.

(6)
The public may
use areas such as entry ways, hallways, bathrooms and other areas normally
available for public use if such access does not constitute a risk or hazard to
the health and safety of the children in care.

(7)
The calculation
of indoor space may include hallways, kitchens, storage areas and bathrooms not
used exclusively by children and other areas not available for child care if
either of the following apply:

(a)
The center's license has been maintained since
September 1, 1986; or

(b)
A new license was issued due to the change of ownership
of the center that was previously licensed prior to September 1,
1986.

(B)
What are the
additional space requirements for areas where there are groups that include
children who are less than two and one half years of age?

The space shall:

(1)
Be separate from
space being used for groups of children two and one half years old and
older.

(2)
Be approved by the Ohio department of job and family
services (ODJFS) prior to use for the care of children younger than two and one
half years of age.

(3)
Provide at least thirty-five square feet of floor space
for each child per room or area.

(a)
Provides at least sixty square feet of usable space per
child using the area at one time.

(b)
Is located away
from traffic or protected from traffic or animals by a fence in good condition
with functioning gates or a natural barrier. The fence or natural barrier shall
assure that children are not able to leave the outdoor play area unsupervised
and shall assure that any hazards from the outside cannot enter the outdoor
play area without the staff being aware of them.

(c)
Has functional
latches on gates which cannot be easily opened by young children if gates are
used. Gates shall not be padlocked when children are present at the
center.

(d)
Provides access to bathroom facilities and drinking
water during play times.

(e)
Is free of foreign objects and trash during times
children are outside playing. A trash can with a lid is permitted in the play
area if it is emptied daily and kept in clean condition.

(f)
Provides a shaded
area. The shade may be naturally occurring from trees, building, or overhangs.
The center may also install lawn umbrellas that are securely anchored or other
structures that provide shade in a safe manner.

(2)
Bodies of water
(other than water tables designed for children to play in only with their
hands) shall be separated from the play area by a fence or other physical
barrier (the center door only is not a sufficient barrier) that prevents
children from accessing the water. Wading pools shall only be accessible to
children in accordance with rule
5101:2-12-24 of the
Administrative Code.

(3)
The play area(s) and equipment shall be inspected
quarterly by the administrator or designee during the months that the program
is in operation. The inspection shall be documented on the JFS 01281 "Child
Care Playground Inspection Report" (12/2016) and kept on file for one
year.

(a)
The center has an
indoor recreation area that has a minimum of one thousand four hundred forty
square feet of space that is separate from the indoor space required by this
rule and is regularly available and scheduled for daily use.

(b)
There is a safe
park or play area regularly available, scheduled for daily use in suitable
weather and approved by the ODJFS. Access to this area shall be safe and
convenient, and children shall be closely supervised during play and when going
to and from the area.

(2)
A center approved
to use an off-site area may use the play space regardless of change of
ownership unless it is determined, upon inspection, that the area or its
accessibility is unsafe.

(f)
Have no openings that are greater than
three and one half inches, but less than nine inches to avoid entrapment of the
head or other body parts.

(g)
Have
protected barriers on platforms that are thirty inches high or higher. A
protective barrier means an enclosing device around an elevated platform that
is intended to prevent both inadvertent and deliberate attempts to pass through
the device.

(h)
Be assembled,
installed and utilized according to manufacturer's guidelines.

(3)
Sandboxes shall be covered with
a lid or other covering when they are not in use.

(d)
Protective resilient material depth for equipment that
is over twelve inches in height shall be appropriate for the height and type of
equipment as specified in appendix A to this rule.

(e)
All loose fill
materials, such as mulch, sand, wood chips, washed pea gravel shall be raked,
as needed to retain their proper distribution and depth. Foreign materials must
be removed prior to use by children.

(2)
All space around
equipment designed for or observed being used for climbing, swinging, balancing
or sliding shall extend a minimum of six feet in all directions from the
perimeter of the equipment.

(a)
The fall zone for moving or swinging equipment shall
extend six feet from the point of furthest extension.

(b)
The fall zone
between two stationary pieces of equipment shall be a minimum of nine
feet.

(c)
Fall zones shall be kept clear of all obstacles that
children could run into or fall on top of including retaining devices such as,
but not limited to, fencing, walls, landscape timbers and mulch retaining
walls.

(d)
Equipment used for climbing shall not be placed over
carpet or mats that are not intended for use as surfacing for climbing
equipment.

(3)
Centers licensed as of January 1, 2007 that have fall
zones meeting the requirements listed in paragraph (F)(1) of this rule are
exempt from the requirements of (F)(2) of this rule, unless stationary
equipment designed for or are observed being used for climbing, swinging,
bouncing or sliding is added, replaced or relocated. When this type of
equipment is added, replaced or relocated the center must comply with the
requirements of paragraphs (F)(1) and (F)(2) of this rule for all pieces of
equipment designed or observed used for climbing, swinging, bouncing or sliding
on that playground.

(A)
What are the
safe equipment requirements for a licensed child care center?

(1)
Equipment, materials, and furniture shall
be sturdy, safe, and easy to clean and maintain. They shall also be free of
sharp points or corners, splinters, or protruding nails; loose or rusty parts;
paint which contains lead or other poisonous materials; or other hazardous
features.

(2)
Furniture, equipment
and materials which are not usable due to breakage or being a hazard shall be
removed immediately and stored away from children until repaired or
replaced.

(3)
Air conditioners,
heat pumps, electric fans and space heaters shall be mounted or placed out of
the children's reach or have safeguards which prevent children from being
injured. All heaters utilized by the child care center shall be approved in
writing by the fire department and/or the building department.

(4)
Indoor swings (excluding infant swings),
slides, climbers, and climbing apparatuses shall not be placed over carpet,
concrete, tile, or any similarly hard surface. There shall be shock absorbent
protective covering under and around this equipment. If climbing equipment is
over three feet high, landing mats at least one and one half inches thick shall
be used. The protective covering shall be used and placed according to
manufacturers' guidelines.

(5)
Any
children's equipment, including those with straps, shall be used in accordance
with the manufacturer's guidelines.

(6)
Trampolines, inflatable bounce houses and
ball pits shall not be permitted for use at the center.

(B)
What are the safe environment
requirements for a licensed child care center?

(1)
Weapons, firearms and ammunition
materials shall not be on the premises. Weapons and
firearms include air rifles, hunting slingshots and any other projectile
weapon.

(2)
Each of the following groups will be permitted to have
the following weapons in a child care center, unless specifically not permitted
by the child care center owner. Although permitted to be in the program, the
weapons shall not be accessible to children.

(a)
Handguns may be
carried by an individual with a valid concealed handgun license and must be
kept out of sight of the children.

(b)
Weapons may be
carried by an active duty member of the U.S. armed forces if also carrying
valid military identification and documentation of successful completion of
firearms training that meets or exceeds the training requirements described in
division (G)(1) of section
2923.125 of the Revised
Code.

(c)
Weapons may be carried by a law enforcement official
who can document that his or her jurisdiction requires ready and immediate
access to the weapon.

(3)
Illegal drugs and
substances shall not be on the premises. Alcohol shall only be kept in areas
not approved or used for child care.

(4)
At least one
carbon monoxide detector shall be on each floor where care is provided. The
carbon monoxide detector shall be placed, installed, tested and maintained in
accordance with manufacturer's recommendations.

(5)
In accordance with
division (A)(8) of section
2923.1212 of the Revised Code,
the center shall post a sign that contains a statement in substantially the
following form: "Unless otherwise authorized by law, pursuant to the Revised
Code, no person shall knowingly possess, have under the person's control,
convey or attempt to convey a deadly weapon or dangerous ordnance on these
premises."

(6)
The center shall maintain an indoor temperature of
at least sixty-five degrees Fahrenheit. If the center's indoor temperature
exceeds eighty-five degrees Fahrenheit, ventilation that produces air movement
or air conditioning shall be provided.

(7)
Children in care
shall be protected from any items and conditions which threaten their health,
safety, and well being, including but not limited to: stoves, bodies of water,
window covering pull cords, telephone cords, electrical cords, extension cords,
lead hazards, asbestos, wells, traffic, employee's personal belongings and
other environmental hazards and dangerous situations.

(8)
If area rugs are used, they shall have a nonskid backing and floor surfaces
shall be maintained to not cause a tripping hazard.

(9)
Toys or other
materials small enough to be swallowed shall be kept out of the reach of
infants and toddlers.

(10)
Cleaning and
sanitizing equipment and supplies shall be stored in a space that is
inaccessible to children. Cleaning agents, aerosol cans and all other chemical
substances shall be stored in a designated area in their original containers
and/ or clearly labeled. School-age children may use cleaning supplies with
adult supervision and the cleaning supplies may be stored in spaces used only
by school-age children.

(12)
Electrical
outlets, including surge protectors, within the reach of children shall have
child proof receptacle covers when not in use unless designed with safety
guards, except for space used only by school-age children.

(13)
Renovations and remodeling to areas in which child care is provided shall be
conducted in a safe manner to ensure that lead poison hazards are not
introduced into the environment as required by Chapter 3742. of the Revised
Code.

(14)
Unless toilets and sinks are of suitable height
for use by the children, the center shall provide a sturdy, nonslip platform on
which the children may stand.

(15)
Lawnmowers,
sharp tools, machinery and other equipment shall not be used or stored where
children have access to them.

(16)
All areas used
by children shall be ventilated and shall provide protection from rodents,
insects and other hazards.

(17)
Aerosol spray
products shall not be used in rooms where children are in attendance.

(C)
What are the regulations for
having pets in a licensed child care center?

(1)
Pets and animals shall be permitted if
they present no apparent threat to the safety or health of the
children.

(2)
All pets shall be
properly housed, cared for, licensed and inoculated. All local and state
ordinances governing the keeping of animals (exotic or domesticated) shall be
followed and updated as required. Verification of license and compliance with
local and state requirements and inoculations, for each pet requiring such
license or inoculations, or regulated by local or state government shall be on
file at the center.

(3)
Children
shall not be directly exposed to animal urine or feces inside the program or in
the outdoor play area.

(A)
What are the
requirements to provide and maintain a clean environment, furniture, materials,
and equipment in a licensed child care center?

(1)
Toilet tissue, liquid soap, running
water, individually assigned towels, disposable towels or air dryers shall be
provided in all bathrooms. Toilets and bathroom sinks shall be in good working
condition. Toilets shall be flushed after each use.

(2)
Equipment, furnishings, and materials
shall be constructed of materials to facilitate cleaning and shall be kept
clean and in good repair.

(3)
Accumulated trash and garbage shall be stored outside of the outdoor or indoor
play area and shall not be accessible to the children.

(4)
The center shall be cleaned daily and
kept in a sanitary condition at all times. Cleaning and sanitizing shall not
take place while rooms are occupied by children, except for general cleanup
activities such as sweeping, vacuuming, mopping and wiping off tables which are
part of the daily routine. The cleaning and sanitizing schedule contained in
appendix A to this rule shall be followed.

(5)
The premises shall be kept clean to
prevent an infestation by insects or rodents.

(6)
If the center's water is not publicly
supplied, the center shall contact the Ohio environmental protection agency
(EPA) to determine if it qualifies as a public water system.

(a)
If the water supply qualifies as a public
water system, the center shall comply with the Ohio EPA requirements.

(b)
If the water supply does not qualify as a
public water system, the center shall contact the local health department to
have the water tested and follow any additional requirements requested by the
health department. The center shall retain a copy of the water test and make it
available upon request.

(1)
Handwashing shall occur in a handwashing sink which is a permanent fixture with
running water and which conforms to the Ohio plumbing standards of division
4101:3 of the Administrative Code.

(2)
Handwashing requirements for center child
care staff members, employees and children are detailed in appendix B to this
rule.

(C)
What are the
requirements for a smoke free environment in a center?

The center shall provide a smoke free environment for the
children during the hours that child care is being provided as detailed in
appendix C to this rule and be in compliance with the smoking ban pursuant to
section 3794.02 of the Revised
Code.

(1)
Label each toothbrush with child's name
and store with bristles to air dry in such a way that the toothbrushes cannot
contact or drip on each other and the bristles are not in contact with any
surface.

(2)
Ensure that when a
single tube of toothpaste is used for more than one child a pea sized amount
shall be dispensed onto a clean piece of paper or paper product for each
child.

(3)
Discard and replace
toothbrushes every three months or if one of the following occur:

(a)
Contamination through contact with
another brush or after illness.

(A)
What shall be
available on all trips, including routine walking trips?

The center shall:

(1)
Have written and signed permission from the parent before transporting or
escorting a child away from the center for field trips and routine trips as
detailed in appendix A to this rule. The permission slips shall be kept on file
at the center for one year.

(2)
Attach to each child on a routine or field trip, except children being
transported only to and from school or to and from home, identification
containing the center's name, address, and a telephone number to contact in the
event the child becomes lost.

(3)
Have a completed copy of the JFS 01234 "Child Enrollment and Health Information
for Child Care" (rev. 12/2016) for each child on
the trip, except routine walks.

(4)
Have first aid supplies as required by
rule 5101:2-12-16 of the
Administrative Code.

(5)
Have the
completed JFS 01236 "Child Medical/Physical Care Plan for Child Care" (rev. 12/2016), for any child who has
a health condition which could require special procedures or precautions during
the course of the trip. The center shall also take supplies needed to provide
such treatment.

(6)
Have a working
cellular phone or other means of immediate communication. Cellular phones shall
not be used by a driver while the vehicle is in motion.

(7)
Ensure that the child care staff member
responsible for each child on the field trip maintains a written record of
which vehicle each child is being transported in and the cellular phone number
of the adult in that vehicle who could be contacted in an emergency.

(8)
Ensure that a person trained in
cardiopulmonary resuscitation (CPR), first aid and management of communicable
disease in accordance with rule
5101:2-12-10 of the
Administrative Code shall be present in the vehicle for routine trips and field
trips and at the destination on all field trips. More than one person may be
used to meet this requirement.

(9)
Ensure that if the vehicle used to transport children is manufactured with seat
belts, they shall be utilized by adults and children, no more than one person
may be strapped in each seat belt. Children or adults shall not be permitted to
stand in a moving vehicle, sit on the floor or ride in a vehicle where all
seats are not securely anchored.

(10)
Not leave children in the vehicle when
it is being refueled except when a trip is of such a length as to require
refueling after starting with a full tank.

(B)
What are the ratio and supervision
requirements for trips, including routine walking trips?

(1)
The staff/child ratio requirements of
rule 5101:2-12-18 of the
Administrative Code shall be met on field trips and routine trips. Children
shall be assigned to specific child care staff members for all field trips.

(2)
Parents, guardians or adults
authorized by the center may be drivers on field trips as long as staff/child
ratio requirements are met at the destination.

(3)
An additional adult shall be present in
the vehicle whenever five or more children are being transported and one or
more of the children are infants.

(4)
An additional adult shall be present in
the vehicle when there are seven or more children being transported and no
infants are present.

(5)
An
additional adult shall be present in the vehicle for every ten school-age
children, or the driver shall have a means of immediate communication, such as
a cellular phone, to summon an additional adult whenever only school-age
children are transported in one vehicle.

(6)
The additional adult in the vehicle may
be the driver, parent or volunteer.

(7)
An adult must be present with the vehicle
any time children are in the vehicle. At no time are children to be left
unattended.

(8)
The vehicle shall
be checked at completion of each trip to ensure that no child has been left on
the vehicle.

(9)
During routine
walking trips or walking field trips, an additional adult shall be present for
every five infants or a combination of seven or more toddlers, preschool and
school-age children or for every ten school-age children if the group of
children on the walking trip includes only school-age children.

(10)
While children are being transported to
and from the center on routine trips from their homes or schools, the children
shall not count in the center's capacity. All other requirements of Chapter
5101:2-12 of the Administrative Code still apply.

(C)
What are the driver requirements for
drivers who are used in the staff/child ratio or are child care staff members
of the center?

(5)
Be free from the
influence of any substance which could impair driving abilities.

(6)
Meet the requirements of an employee or
child care staff member as required in rule
5101:2-12-08 of the
Administrative Code.

(7)
Adhere to
the state of Ohio's child restraint law found in section
4511.81 of the Revised Code when
transporting children in care.

(8)
Not allow children under twelve years of age to ride in the front seat of any
vehicle.

(9)
For drivers who are
not used in the staff/child ratios and who are not employees of the center, the
administrator shall secure and keep on file at the center a JFS 01266
"Contracted Driver Qualifications Statement for Child Care" (rev. 12/2016) that
has been completed at least annually by the driver's employer.

(10)
See that each child safely boards and
exits the vehicle from the curb side of the street whenever physically possible
and out of the path of moving vehicles. Drop off or pick up at which it is not
possible to board and exit from the curb side must be conducted in a safe
manner and with close supervision by the child care staff member responsible
for the children.

(11)
Be trained
utilizing the Ohio department of job and family services (ODJFS) driver
training if the driver is an employee of the center.

(a)
A trained child care staff member is not
required in the vehicle on field trips when parents are providing the
transportation.

(b)
A trained child
care staff member is not required when public transportation is being utilized,
if the school district is providing transportation to or from the center or if
the driver is a contracted driver.

(12)
Practice the emergency exiting
procedures, if the driver is required to complete the driver transportation
training requirement pursuant to paragraph (C)(11) of this rule.

(a)
The emergency exiting procedures shall be
practiced with the children on a monthly basis.

(b)
This practice shall occur during months
that the vehicle is used for transporting children and shall take place on the
center's premises or another safe location that is protected from traffic and
other hazards to assure the safety of the children involved.

(c)
A written record shall be kept of the
dates when the emergency exiting procedure was practiced and the staff that
were involved.

(13)
Parents, who are not employed by the center, who use their vehicles for
transportation to occasional field trips shall not have to meet the
requirements of paragraphs (C)(2), (C)(6), and (C)(9) of this rule. For the
purposes of this rule, "occasional" means three or fewer times per calendar
year.

(14)
Training for
transportation shall be completed at least annually for all drivers and shall
be documented and kept on file at the center in the employee's or child care
staff member's file for review by the ODJFS.

(1)
Any vehicle operated by the center
or driven by the child care staff member to transport children for routine
trips or field trips shall be mechanically safe at all times.

(2)
Requirements for center vehicles used for
transportation of children are listed in appendix B to this rule.

(3)
School buses and multifunction school
activity buses are not required to complete the inspections of paragraph (F) of
this rule. They shall prepare the buses before each trip following the Ohio
department of education's operational and safety rules of Chapter 3301-83 of
the Administrative Code.

(4)
The
personal vehicles driven by parents who are not employed by the center are not
required to meet the requirements of paragraph (E)(2) of this rule.

(e)
An
inspection for, and cleaning of, debris from the vehicle's interior.

(2)
The center shall require
providers of transportation services to maintain documentation that the
transportation services staff have performed the same weekly inspections and
necessary repairs or other appropriate actions required by paragraph (E)(1) of
this rule.

(1)
The safety check shall be completed and
approved annually prior to the use of any vehicle for transporting children,
except that a new vehicle purchased directly from the dealer shall have the
safety check completed before one year from the date of purchase. The bill of
sale from the vehicle purchase must be maintained on file at the center to
verify compliance.

(2)
Verification
of the safety check shall be documented on the JFS 01230 "Vehicle Inspection
Report for Child Care" (rev. 12/2016). This
verification shall include notation and correction of any safety violation and
shall be maintained on file at the center for review by the ODJFS.

(A)
What are the requirements for the JFS 01234 "Child
Enrollment and Health Information" (rev. 12/2016) for a licensed child care
center?

The center shall:

(1)
Have a completed
JFS 01234 on file for each child attending the center by the first day of
attendance.

(2)
Ensure the JFS 01234 is reviewed at least annually by
the parent and updated as needed when information changes. The parent and
administrator shall initial and date the form when the information is reviewed
or updated.

(3)
Send the child's JFS 01234 with any child who is being
transported for emergency assistance.

(4)
Maintain a
current copy of the completed JFS 01234 for each child in care in a location
that can be easily and quickly accessed and removed from the center if there is
an emergency that requires the children to be moved to another
location.

(B)
What are the requirements for the children's medical
statement for a licensed child care center?

(1)
The center shall secure and have on
file verification of a medical examination for each child enrolled. Children
who attend a grade of kindergarten and above in an elementary school are exempt
from this requirement.

(2)
The
medical statement shall be on file at the center within thirty days of the
child's first day of attendance and updated every thirteen months thereafter
from the date of the examination.

(c)
A statement
that the child has been examined and is in suitable condition for participation
in group care.

(d)
The signature,
business address and telephone number of the physician, physician's assistant
(PA), advanced practice registered nurse (APRN) or certified nurse practitioner
(CNP) who examined the child.

(e)
A
record of the immunizations that the child has had, specifying the month, day
and year of each immunization. This record may be an attachment to the medical
statement.

(f)
A statement from the
physician, PA, APRN, or CNP that the child has been immunized or is in the
process of being immunized against the diseases required by division 5104.014
of the Revised Code and found in appendix A to this rule or a statement that
the child meets one of the following:

(i)
A
statement from a physician, PA, APRN, or CNP that an immunization against the
disease is medically contraindicated for the child.

(ii)
A statement from a physician, PA, APRN,
or CNP that an immunization against the disease is not medically appropriate
for the child's age.

(iii)
A
statement from the child's parent that he or she has declined to have the child
immunized against the disease for reasons of conscience, including religious
convictions.

(C)
What are the
requirements for caring for children with a specific health condition in a
licensed child care center?

(1)
The JFS 01236 "Medical/Physical Care Plan" (rev. 12/2016)
shall be used for children with a condition or diagnosis that require the
following:

(a)
Monitoring the child for symptoms which require the staff to
take action.

(b)
Administering procedures which require staff to be
trained on those procedures.

(v)
Ensure the JFS
01236 is signed by any trained child care staff member who is providing care to
the child.

(vi)
Keep the completed JFS 01236 on file at the center for
at least one year.

(vii)
Maintain a current JFS 01236 for any child who requires
one, in a location that can be easily and quickly accessed and removed from the
center if there is an emergency that requires the children to be moved to
another location.

(2)
The plan shall be
reviewed by the parent at least annually and updated as needed, including an
updated list of trained staff members, if applicable. The parent and
administrator shall initial and date the form when the information is reviewed
or updated.

(3)
The plan shall be on file with the center by the first
day of attendance or upon confirmation of a health condition.

(4)
If the center
suspects that a child has a health condition, the center may require a
physician's statement within a designated timeframe.

(5)
Only staff
members trained by the parent or a certified professional shall be permitted to
perform medical procedures.

(6)
There shall be a
trained child care staff member on-site at all times whenever a child who has a
health condition is present.

Children's records shall be
confidential but shall be available to the Ohio department of job and family
services for the purpose of administering Chapter 5104. of the Revised Code and
Chapter 5101:2-12 of the Administrative Code. The immunization records shall be
subject to review by the Ohio department of health (ODH) for disease outbreak
control and for immunization level assessment purposes.

(A)
What are the
medical, dental, and general emergency requirements for a licensed child care
center?

The center shall:

(1)
Have a written plan for medical or dental emergencies on the JFS 01242
"Medical, Dental and General Emergency Plan for Child
Care" (rev. 12/2016). The plan shall be completed, implemented when
necessary, and shall be posted, readily in view by each telephone and in each
classroom and other spaces used by the children.

(2)
Complete the JFS 01201 "Dental First Aid"
(rev. 12/2016) and post in a location readily available to center staff and
parents.

(3)
Post a fire and
weather alert plan in each classroom and other spaces used by the children. The
plan shall include a diagram indicating evacuation routes.

(B)
What are the first aid kit requirements
for a licensed child care center?

(1)
The
first aid kit shall be kept in a clearly marked, unlocked container out of the
reach of children.

(2)
One complete
kit shall be readily available for every seventy-five children at the center
and be kept out of the reach of children. Centers that operate on separate
floors or separate buildings shall have a complete kit on each floor and in
each building.

(3)
The first-aid
container shall contain all of the items listed in appendix A to this
rule.

(4)
First aid supplies shall
be replaced as they are used, expired, damaged or if sterile packages are
opened.

(C)
What are the
specific procedures the licensed child care center needs to follow for standard
precautions?

(1)
Blood spills shall be treated
cautiously and decontaminated promptly. Disposable vinyl gloves shall be worn
during contact with blood or bodily fluids which contain blood, such as vomit
or feces in which blood can be seen.

(2)
Surfaces contaminated with blood or
bodily fluids containing blood shall first be cleaned with hot, soapy water and
then sanitized with an appropriate bleach solution which is prepared on a daily
basis, according to product guidelines, or other acceptable disinfectant
solution which is environmental protection agency (EPA) rated as hospital
disinfectant with a label claim for mycobactericidal activity.

(3)
Disposal of materials that contain blood
requires a sealable, leakproof plastic bag or double bagging in plastic bags
that are securely tied.

(4)
Non-disposable items, such as clothing that contain blood, shall be placed in a
sealable, leakproof plastic bag or double bagged in plastic bags that are
securely tied and sent home with the child.

(5)
Sharp items used for procedures on
children with special care needs, such as lancets for finger sticks or
syringes, require a disposable container called a "sharps container." This is a
container made out of durable, rigid material which safely stores the lancets
or needles until the parent can take them home for disposal. Sharps containers
must be stored out of the reach of children.

(D)
What are the communicable disease
requirements for a licensed child care center?

(1)
Any child enrolled and attending the
center with signs or symptoms of illness listed in appendix B to this rule
shall be immediately isolated and discharged to his parent or guardian or
person designated by the parent or guardian.

(2)
The JFS 08087 "Communicable Disease
Chart" (rev. 12/2016) shall be posted in a location readily available to
parents, child care staff members and substitutes for use in identifying and
responding to communicable diseases.

(b)
Cared for in another room or portion of a
room away from other children.

(c)
Provided with a cot or mat, if necessary and made comfortable. After use, the
cot or mat shall be sanitized with an appropriate sanitizer, or if soiled with
blood, feces, vomit or other body fluids, the cot or mat shall be cleaned with
hot soapy water and disinfected with an environmental protection agency (EPA)
registered product rated as hospital disinfectant with a label claim for
mycobactericidal activity.

(4)
No later than the end of the next
business day, the center shall notify parents when their child has been exposed
to a communicable disease listed on the JFS 08087.

(5)
The center shall release employees and
child care staff members who have a communicable disease or who are unable to
perform their duties due to illness.

(d)
An unusual or unexpected
incident occurs which jeopardizes the safety of a child or employee of a
center, such as a child leaving the center unattended, a vehicle accident with
or without injuries or exposure of children to a threatening person or
situation.

(2)
Copies of
the JFS 01299 shall be kept on file at the center for at least one year and
shall be available for review by the Ohio department of job and family services
(ODJFS).

(2)
A child receives a bump
or blow to the head that requires first aid or medical attention.

(3)
An incident, injury, or illness requires
a child to be removed by the parent or emergency services from the center for
medical treatment, professional consultation or transportation for emergency
treatment.

(a)
If a child is transported for
emergency treatment the child's health and medical records required by rule
5101:2-12-15 of the
Administrative Code shall accompany the child.

(b)
The center administrator or a child care
staff member shall stay with the child until the parent assumes responsibility
for the child's care.

(4)
An unusual or unexpected incident which
jeopardizes the safety of a child or employee of a center.

(5)
An incident defined as a serious risk
noncompliance in appendix A to rule
5101:2-12-03 of the
Administrative Code.

(1)
The center shall log in to
http://oclqs.force.com by the next
business day to report the incident, as defined in paragraph (F) of this rule,
and complete the JFS 01156 "Serious Incident Reporting for Child Care"
(rev.
10/2017).

(2)
This
notification does not replace reporting to the public children services agency
(PCSA) if there are concerns of child abuse and neglect as required by rule
5101:2-12-19 of the
Administrative Code.

(3)
The
center may print the completed JFS 01156 and give to the parent to meet the
parent notification requirements of paragraph (E) of this rule.

(5)
Providing outdoor play in suitable weather for any
infant over twelve months of age, toddler, preschool, and school-age child in
attendance four or more consecutive daylight hours. Suitable weather is at a
minimum of twenty-five to ninety degrees Fahrenheit.

(6)
Indoor gross
motor play such as, climbing, jumping, running, riding wheel toys, yoga, other
physical fitness or music and movement on days when outdoor play is not
provided.

(B)
What materials and equipment are required for a
licensed child care center?

The center shall:

(1)
Provide durable
furniture such as tables and chairs. This furniture shall be child sized or
safely adapted for use by children.

(2)
Provide
developmentally appropriate play materials to be used as part of the daily
schedule. These materials shall be readily accessible, and arranged in an
orderly manner so that children have opportunities to select, remove, and
replace play materials with minimal assistance during the day.

(a)
The center shall
have materials from each category in appendix A to this rule for infants,
toddlers and preschool-age children.

(b)
The center shall
have materials from at least five of the nine categories in appendix A to this
rule for school-age children.

(3)
Ensure that
equipment, materials, and furnishings provided for both indoor and outdoor play
are:

(a)
Varied
and adequate to meet the developmental needs of the children.

(b)
Sufficient that
each child can be actively involved in an activity.

(4)
Designate an area
where children can individually store their personal belongings. This area
shall not block walkways or evacuation routes.

(A)
What are the
requirements for staff/child ratios and maximum group size for a licensed child
care center?

(1)
The center shall ensure that
required child care staff members/child ratios and maximum group size
limitations are maintained at all times in accordance with appendix A to this
rule. The center shall post appendix A to this rule in a noticeable area in the
center.

(2)
Child care staff
members shall not be counted in the staff/child ratio when engaged in duties or
activities that interfere with supervision of children.

(3)
There shall be at least one other
employee or child care staff member at the center if
there are seven or more children in the building.

(4)
Children
shall be organized and assigned to a permanent group in consultation with
parents and in accordance with the maximum group size detailed in appendix A to
this rule.

(a)
A child with special needs
shall be included in the group that best meets the child's development
needs.

(b)
Specific child care
staff members shall be assigned and responsible for the care and supervision of
the children in their group on a daily basis.

(1)
If two or more
age groups are combined, the staff/child ratio shall be maintained for the age
of the youngest child in the group. This includes when children are visiting
the next older age group for transitioning purposes.

(2)
If no more than one child two and
one-half years of age or older is permanently assigned to a group in which all
the other children are in the next older group, the staff/child ratio and
maximum group size shall be determined by the older children.

(3)
All age groups may be combined when there
are twelve or fewer children in the center.

(C)
What are the requirements when multiple
groups are combined in a shared undivided space?

Two or more groups of children may be combined in the shared
space if all of the following are met:

(D)
What are the requirements for
transitioning children into the next age group?

The center shall have available in the
classrooms, a copy of the transition agreement between the parent and the
center.

(E)
Can school-age only programs be double ratio to allow
access to the program?

(1)
If the program serves only school-age children, a group
of school-age children may be left with only one child care staff member while
the other child care staff member leaves the room to allow access to the
program.

(2)
Both child care staff members shall have a working
communication device to contact each other while one child care staff member is
out of the room.

(3)
The child care staff member shall return to the group
after allowing access to the program.

(F)
What are the requirements for child care centers to keep an attendance record?

(1)
The program shall
have written documentation of the following for each child:

(d)
The time (hours and minutes) of the child's arrival and
departure to the program, including transportation by the program. The Ohio
electronic child care (Ohio ECC) provider website (Pweb) cannot be used to meet
this written documentation requirement.

(e)
The written
documentation shall be kept for a period of one year. Attendance documentation
shall remain at the center at all times.

(2)
Each group shall
have a method for tracking the children in the group. This tracking method
shall include the child's name and date of birth and shall remain with the
group at all times throughout the day including outdoor play, emergency
evacuations and when groups are combined. The tracking shall be updated
throughout the day as children enter or leave the group.

(A)
What are the requirements for supervision by child care
staff members?

Each child care staff member
shall:

(1)
Leave no child unsupervised. Supervision means the
child care staff members have knowledge of a child's needs and accountability
for his or her care at all times. Supervision includes awareness of and
responsibility for the activity of each child and being near enough to respond
and reach children immediately including responding to the child's basic needs
and protecting them from harm.

(2)
Ensure all
children in care are within sight and hearing of child care staff members at
all times, except as listed in paragraph (B) of this rule. Within sight and
hearing means without the use of mechanical devices such as baby monitors,
video cameras or walkie talkies. The use of mirrors to view children in another
room does not meet the supervision requirements of this rule.

(3)
Not be under the
influence of any substance that impairs the child care staff member's ability
to supervise children and/or perform duties.

(4)
Always have
immediate access to a working telephone on the premises which is available and
capable of making outgoing calls and receiving incoming calls.

(5)
Only release a
child to the parent or to a person who has been previously approved by the
parent.

(6)
Not permit children to be exposed to inappropriate
language or media.

(1)
School-age children may run errands
inside the building, use the restroom, or engage in a short term activity which
poses no physical risk to their safety alone or in groups of no more than six
children without adult supervision as long as the following conditions are
met:

(a)
Children are within hearing distance of a child care staff
member, without the use of electronic equipment.

(b)
The child care
staff member checks on the children who are in kindergarten through third grade
at least every five minutes until they return to the group.

(c)
The child care
staff member checks on the children in fourth grade or higher at least every
ten minutes until they return to the group.

(d)
The center has
exclusive use of the child care space being used by the children.

(2)
With written parent permission, school-age children may
leave the center for specific activities.

(C)
What child
guidance techniques shall be used in the licensed child care center?

(1)
All employees
shall follow appendix A to this rule regarding guidance techniques to be used
with children.

(2)
The center shall communicate and consult with the
parent prior to implementing a specific behavior management plan. This plan
shall be in writing and signed by the parent and shall be consistent with the
requirements of this rule.

(A)
What are the sleep and nap requirements for a licensed
child care center?

(1)
The licensed child care center shall provide a quiet
space for children who want to rest, nap, or sleep.

(2)
Nap and rest time
shall be in accordance with the developmental needs of the
child.

(3)
Rest or nap areas shall be lighted to allow for visual
supervision of all children at all times.

(4)
Any child who
does not fall asleep during a designated nap time shall have the opportunity to
engage in quiet activities.

(5)
Evacuation routes
shall not be blocked by resting or napping children. Each child shall have a
free and direct means of escape, and the provider shall have a clear path to
each resting child.

(6)
Cribs shall be separated from the play space by a safe
and sturdy physical barrier which does not impair the ability of child care
staff to supervise infants by sight and hearing. Sight and hearing is when the
child care staff can see the infants in and out of their cribs and hear their
sounds. The barrier shall provide for safe accessibility.

(7)
Ratio may be
doubled for no more than two hours during nap time, and shall only be doubled
if all of the children in the group are on cots or on mats, if the group does
not include any infants and if there are enough child care staff members in the
building to meet staff/child ratio pursuant to rule
5101:2-12-19 of the
Administrative Code for the group.

(1)
Unless the infant
meets the requirements of paragraph (D) of this rule, each infant in attendance
shall have a separate crib labeled with their name on it that meets the
following requirements:

(a)
Any crib manufactured before June 28, 2011 shall have a
certificate of compliance (COC) on file. The center may have to contact the
manufacturer of the crib to receive a COC if they do not request one from the
retailer when they purchase the crib.

(b)
Cribs with a
documented manufacture date after June 28, 2011 have to meet the new federal
standards to be sold, so they do not require a COC. The date of manufacture
shall be attached to the crib.

(3)
When cribs are in use they shall be spaced apart from
each other by a minimum of two feet on all sides or the cribs shall be
separated by a divider and have at least two feet of space on two of the sides
or ends of the crib. If a divider is used between cribs, the divider shall meet
all of the following requirements:

(a)
Be constructed so that staff may view children through
or around the divider.

(5)
Nothing shall be placed or hung over the side that
obstructs the provider's view of the infant.

(6)
Infants shall not
be placed in cribs with bibs or any other items which could pose a
strangulation or suffocation risk.

(7)
No blankets shall
be in the crib for infants under twelve months old. A one-piece sleeper or
wearable blanket is permitted. Only children who are not yet able to roll-over
are permitted to be swaddled using a wearable swaddling
blanket.

(8)
The cribs may be placed in storage on the premises if
not currently assigned to an infant.

(9)
Infants shall be
placed in their cribs for sleeping, and shall not be allowed to sleep in
bassinets, swings, car seats or other equipment. If a medical condition exists
where a child needs to sleep in equipment other than a crib, written permission
shall be obtained from a physician and shall be on file.

(10)
Infants under
twelve months old shall be placed on their backs to sleep unless the parent
provides written authorization on the JFS 01235 "Sleep Position Waiver
Statement for Child Care" (rev. 12/2016) signed by the child's physician. The
JFS 01235 shall be maintained on file for review. Infants who are able to roll
from back to front and front to back shall be placed initially on their back
for sleeping but allowed to remain in a position they prefer.

(11)
Cribs assigned
to a child shall not be used for storage of toys and other
materials.

(C)
What are the cot and mat requirements for a licensed
child care center?

(1)
Cots or mats shall be individually assigned, cleaned
and sanitized in accordance with the appendix A to rule
5101:2-12-13 of the
Administrative Code and before reassignment to another child.

(2)
A cot shall stand
at least three inches and not more than eighteen inches off the floor. The cot
shall be firm enough to support the child, but shall be resilient under
pressure. Each cot shall be at least thirty-six inches in length and at least
as long as the child assigned to the cot is tall.

(3)
A mat is a pad
that is at least one inch thick and at least as wide and long as the child
using the mat.

(4)
Children are not permitted to rest, nap, or sleep on
the floor without a cot or mat.

(5)
Centers that
operate for fewer than seven hours without a scheduled nap time are not
required to have a cot or mat for each preschool and school-age
child.

If a licensed child care center has
evening or overnight care, the following are required:

(1)
Child care staff
members shall remain awake at all times, and shall supervise sleeping children
pursuant to rule
5101:2-12-19 of the
Administrative Code.

(2)
The center shall provide adequate lighting indoors in
all areas, including bathrooms, hallways, and sleeping rooms to ensure that
child care staff members are able to see all children at all
times.

(3)
The center shall ensure that parking areas, outdoor
walkways, and all building entrances be adequately lighted for safety and
security.

(4)
The center shall ensure that anyone on the premises
during evening and overnight care hours shall be limited to persons authorized
by the administrator or owner and parents and guardians of children in
care.

(5)
Each child in care during evening and overnight hours
shall be provided with an individual crib, cot, or mat in accordance with rule
5101:2-12-20 of the
Administrative Code.

(6)
The center shall develop bedtime routines in
consultation with the parents of the children.

(7)
The center shall
provide a written security plan that ensures that access to the center is
limited to parents and guardians of children in care and authorized persons.
The center shall ensure that children are supervised at all times during the
limited access hours. The plan shall ensure the supervision of the
children.

(8)
The center shall provide sleeping arrangements so that
sleeping children are cared for separately from children who are awake, and so
that sleeping children are not disturbed by arrivals and
departures.

(9)
The center shall ensure areas where children sleep
during evening and overnight care are on the building's ground floor unless
another floor has been approved for the care of sleeping children by the local
fire official having jurisdiction.

(10)
The provider
shall have activities before bedtime which allows for children's individual
choices and needs. Activities may include meals, play, homework, relaxation,
personal grooming, and outdoor play during daylight hours.

(C)
What
sanitary environment and additional hygiene stipulations shall be followed by
the center? The center shall:

(1)
Ensure that each child who sleeps at the center for
four or more hours has clean comfortable sleeping clothes.

(2)
Ensure that child
care staff members assist children during washing and changing clothes
according to children's developmental needs.

(3)
Separate
school-age boys from school-age girls during washing and while changing clothes
to ensure privacy.

(4)
Change bed linens weekly, when soiled, and when
assigned to a different child.

(5)
Ensure each child
has a clean, individual washcloth, towel and toothbrush, as appropriate for the
age of the child, labeled with the child's name and stored in a sanitary
manner.

(7)
Ensure bathtubs and showers are equipped to prevent
slipping, if the center provides bathing. The center shall also have written
permission from the parent prior to allowing the child to
bathe.

(8)
Ensure bathtubs and showers are cleaned and sanitized
after each use. The tub or showers do not have to be sanitized between uses if
the children are siblings and the parent has provided written consent. All
children shall bathe separately unless the children are siblings and the parent
has provided written consent that the children can be bathed together.

(A)
What are the
requirements for meals and snacks in a licensed child care center?

The center shall:

(1)
Serve varied,
nutritious, and appropriately timed meals and snacks as described in appendix A
to this rule.

(2)
Follow the portion sizes and nutritional requirements
for meals and snacks described in appendix B to this rule.

(3)
Serve food that
is not a choking hazard, and that is developmentally appropriate in size,
amount and texture.

(4)
Provide meals and snacks according to the posted
current weekly menu, and spaced no more than four hours apart.

(a)
The menus shall
be posted in a visible place readily accessible to parents.

(b)
The menus shall
include all meals and snacks being served by the center, any substitutions
shall be noted at the time of the change.

(5)
Serve only one
hundred per cent, undiluted fruit or vegetable juice. This may be used to meet
the fruit or vegetable requirement for meals or snacks.

(6)
Obtain a
physician's written instructions if administering a food supplement to any
child or if an entire food group is eliminated. When special diets are required
for cultural or religious reasons, the center shall obtain written, dated and
signed instructions from the child's parent unless the special diet is part of
a center program.

(7)
Set its own policy regarding the accommodation of a
parent's alternate diet for a child when the center provides the meal. The
center shall assure that any alternate diet, except those required for
religious, cultural, or medical reasons as specified in paragraph (A)(6) of
this rule, include items from each of the following categories: meat or meat
alternative, grain, fruit/vegetable, dairy.

(8)
Provide for the
safe storage of all food. If safe storage of milk is not available on routine
trips or field trips, milk may be served at snack instead of at the
meal.

(9)
Have drinking water freely available to children. If
drinking fountains are used, there shall be sufficient water pressure so that
the child's mouth does not come in contact with the water dispensing
mechanism.

(10)
Ensure that individual servings or individual packages
of food or drink that have been served to a child are discarded or sent home
with the child if not consumed during meal or snack time. Food or drink that is
individually packaged and the package has not been opened may be stored at the
center to be served again or sent home.

(11)
Not have screens
(television, computer, etc.) on during meals and snacks.

(B)
What
are the requirements for serving fluid milk in a licensed child care
center?

Unless the parent provides written
instructions by a physician, physician's assistant or certified nurse
practitioner (CNP), the center:

(1)
Shall use formula
or breast milk for children under twelve months of age.

(2)
Shall provide and
use whole homogenized vitamin D fortified cow's milk for children twelve months
of age through twenty-four months of age.

(3)
Shall provide one
per cent or skim milk that is vitamin A and D fortified for children older than
twenty-four months of age.

(4)
May serve breast
milk at parent request to a child over twelve months of age without written
instructions from a physician, physician's assistant or CNP.

(5)
May serve non-cow
milk substitutions to a child over twelve months of age, with written parental
consent.

(2)
Provide all
parents or guardians and staff written nutritional information regarding
meeting one-third of the child's recommended daily dietary allowance. A copy of
this written nutritional information shall be on file at the
center.

(3)
Ensure that no child goes more than four hours without
at least a snack if his or her parent fails to send food for the
day.

(1)
Food is not served on bare tables. Food for infants may be
placed directly on an individual highchair tray if the tray is removed, washed
and sanitized in accordance with appendix A to rule
5101:2-12-13 of the
Administrative Code.

(2)
Eating utensils and dishes are suitable for the age and
developmental level kof the children.

(1)
Prepare and serve infant food in a manner appropriate to the developmental
needs of each child. The center shall introduce new foods only after
consultation with the parent. The center shall comply with written feeding
instructions from the infant's parent, physician, physician's assistant, or
certified nurse practitioner (CNP) which shall include the following:

(2)
Require the parent to update the written
feeding instructions as needed.

(3)
Not feed any foods, other than formula or breast milk, to infants under four
months of age, unless there is written documentation on file from a physician,
physician's assistant or CNP.

(4)
Ensure that formula, breast milk, or other liquids in a bottle are not heated
in a microwave oven.

(a)
If formula or breast
milk is to be warmed, bottles shall be placed in a container of water not
hotter than one hundred twenty degrees or be placed in a commercial bottle
warmer. The container of water shall be kept out of reach of children and shall
be emptied and cleaned each day. The bottle shall be shaken well, and the
formula or breast milk temperature tested before feeding.

(b)
Frozen breast milk shall be thawed under
cold running water or in the refrigerator.

(5)
Ensure that the unused portion of
formula, breast milk or food remaining in a container from which the infant has
been directly fed shall not be reheated or served again.

(6)
Store, prepare and serve food, formula
and breast milk in a safe and clean manner.

(7)
If provider prepares infant formula they
shall do so according to the manufacturer's instructions or instructions from
the infant's physician, physician's assistant or CNP.

(8)
Ensure that open containers of
ready-to-feed and concentrated formula shall be covered, dated and refrigerated
according to the manufacturer's instructions. Prepared formula and food shall
be discarded or sent home daily if not used.

(9)
Label all bottles or prepared food with
the infant's name and date of preparation. All formula shall be refrigerated
immediately after preparation or upon arrival if the formula is prepared by the
parent. All commercially prepared food shall be stored according to the
manufacturer's instructions and not served after the expiration date.

(10)
Ensure that if breast milk is
provided by the parent, it shall be labeled with the infant's name, the date
pumped, and the date the bottle was prepared. Centers shall follow the chart in
appendix A to this rule for storing breast milk.

(a)
The center
shall wash all soiled areas of the child's body with either a wash cloth, which
is then appropriately sanitized, or a disposable wipe.

(b)
If a diaper-changing surface is used to
change more than one child, the provider shall place a disposable separation
material between the child and the changing surface. A different separation
material shall be used for each diaper change.

(c)
If an infant's diapers are to be changed
in a crib, there shall be a separation material between the infant and the crib
sheet. If the bedding becomes wet or soiled during the diaper change, it shall
be replaced with clean bedding.

(f)
If restrooms are used for diapering,
children who are waiting for toileting and diapering shall not be placed or
required to sit directly on the floor.

(4)
The center shall
store and launder soiled diapers or clothing as follows:

(a)
If soiled diapers or clothing are to be
sent home with a parent, the center shall store the diapers or clothing for no
longer than one day in an individual covered container or plastic bag away from
the child's belongings and out of the reach of children.

(b)
The center shall store soiled diapers and
diapering washcloths, which are to be laundered by the center, in a covered
container with sanitizing solution.

(c)
If soiled diapers are to be commercially
laundered, the center shall hold them for laundering pickup for no longer than
seven days.

(d)
The center shall
store soiled disposable diapers in a plastic-lined covered container that
prevents hand contamination and is not easily accessible to children and
discard diapers daily or more frequently as needed to eliminate odor.

(e)
If the center is laundering diapers, the
center shall follow the manufacturer's guidelines.

(5)
Toilet training shall occur based on a child's readiness and consultation with
the parent regarding practices in the child's home. The center shall ensure
that toilet training is never forced.

(A)
What are the requirements for swimming sites for a
licensed child care center?

(1)
All swimming sites shall meet all state and local
guidelines for environmental health inspections. Inspection reports for on-site
and private pools shall be on file at the center.

(2)
A center shall
have one lifeguard present for every thirty-five children when children are
involved in a water activity for on-site or private pools over eighteen inches
in depth.

(3)
Activities in bodies of water eighteen inches or more
in depth shall be supervised by people who are currently certified as
lifeguards or water safety instructors by the "American Red Cross" or an
equivalent water safety program, as determined by the Ohio department of job
and family services (ODJFS). If the lifeguard is a child care staff member,
they shall not be counted as a child care staff member in the staff/child
ratio.

(4)
Child care staff members shall be actively supervising
children pursuant to rule
5101:2-12-19 of the
Administrative Code and shall be able to clearly see all parts of the swimming
area including the bottom of pools.

(A)
What are the requirements for
prescription medications, nonprescription medicines containing codeine or
aspirin, or nonprescription medication to be given longer than three
consecutive days in a fourteen day period?

(1)
The center shall ensure that the parent
completes and signs box one of the JFS 01217 "Request for Administration of
Medication" (rev. 12/2016).

(2)
The center shall ensure that the instructions in box two of the JFS 01217 are
completed and signed by a licensed physician, licensed dentist, advanced
practice nurse or certified physician's assistant.

(3)
If the medication is stored in the
original container with prescription label that includes the child's full name,
a current dispensing date within the previous twelve months, exact dosage and
directions for use, box two of the JFS 01217 does not need to be
completed.

(B)
What are
the requirements for nonprescription medications, food supplements or medical
foods?

The center shall:

(1)
Ensure that the parent completes and signs box one of
the JFS 01217.

(a)
The
medication or product is stored in the original container with a manufacturer's
label containing directions based on the age and/or weight of the
child.

(b)
The instructions in box two
of the JFS 01217 are completed and signed by a licensed physician, licensed
dentist, advanced practice nurse, or certified physician's assistant, this
excludes topical preventative products and lotions unless the instructions
exceed the manufacturer's instructions or use.

(D)
What are
the requirements for a licensed child care center who chooses to administer
medications, food supplements, medical foods or topical products in a licensed
child care center?

The center shall:

(1)
Not administer any medication, food supplement, medical food, or topical
product until after the child has received the first dose or application at
least once prior to the center administering a dose or applying the product, to
avoid unexpected reactions. Emergency medications that are listed on a
completed JFS 01236 "Child Medical/Physical Care Plan for Child Care" (rev.
10/2016) for the child are exempt from this requirement.

(2)
Not administer any medication, food
supplement, medical food or topical product for any period of time beyond the
date indicated by the physician, physician's assistant, advanced practice nurse
certified to prescribe medication, or licensed dentist, on the prescription
label, for twelve months from the date of the form, or after the expiration
date on the medication, whichever comes first.

(3)
Document each administration or
application on the JFS 01217 immediately after administering. This excludes
items in paragraph (C)(3) of this rule.

(5)
A separate
JFS 01217 shall be used for each medication, food supplement, medical food or
topical product to be administered for each child.

(6)
Each JFS 01217 is valid for the time
period listed on the form not to exceed twelve months from the date of
signature.

(7)
Retain each JFS
01217 on file at the center for at least one year following the last
administration of the medication or product.

(E)
What are the requirements for storing
medication, food supplements and medical foods in a licensed child care center?

The center shall:

(1)
Safely store all medication, food supplements, and medical foods immediately
upon arrival at the center. Ensure the medication or product is in the original
container with the child's name affixed.

(2)
Keep medication and products out of the
reach of children, unless a school-age child is permitted to carry their own
emergency medication and a JFS 01236 is completed and on file at the
center.

(3)
School-age children are
permitted to carry and use their own topical products.

(4)
Refrigerate, in a separate container,
medications or products immediately upon arrival at the center if
needed.

(5)
Ensure that medications
and products are accessible to employees at all times.

(6)
Ensure that medications and products are
removed from the center when no longer needed or expired.